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Comparative Constitutional Law, Bratislava, Winter Semester 2011 – Stefan Hammer

Comparative Constitutional Law – Sample Questions

1. What distinguishes a federal constitution from a unitary (even decentralized) constitutional system?

2. What are the two most important principles of the British constitutional system?

3. What are there the typical constitutional elements of a parliamentary system which are lacking in a presidential/congressional system of government?

4. What is meant by the assertion that there is no sovereign in the constitutional state? What is the role of popular sovereignty?

5. In what aspects does British constitutional law differ from other “Western” type constitutions?

6. Why can the US President not automatically rely on congressional the support of his/her policies?

7. Which of the two types of electoral systems, proportional or majoritarian, is more susceptible of creating problems for the functioning of a parliamentary system?

8. Why are the members of the second chamber of the federal parliament in some federations chosen from the provincial parliaments or governments?

9. Are indirect democracy and representative democracy synonyms that can be used interchangeably? What could be the difference between the two?

10. In what sense does the parliamentary system of government run contrary to Montesquieu’s conception of separation of powers? Are there any features left that can be regarded as functional equivalents to the idea of separation of powers?

11. Why is there no opposition in the Swiss Parliament? What elements of “checks and balances” are there in the Swiss governmental system?

12. How and by whom has the American system of judicial review of legislation been created?

13. What is the idea behind the free mandate of the representatives if the people? Does it nit undermine the idea of popular sovereignty?

14. What was the reason for establishing a proportional electoral system in many countries instead of a majority system?

15. Why and how has the proportional electoral system been combined with majority elements in some countries, notably in Germany?

16. In the American judicial system, what are the effects of a court decision declaring a legislative act as unconstitutional? How can such a ruling acquire a generally binding force?

17. What are the main modifications of the characteristic instruments of a parliamentary system in the German constitution?

18. Is the Head of State free to select any government in a parliamentary system even if the text of the Constitution imposes no explicit limits?

19. What are the main characteristics of the European (Austrian) model of judicial review of legislation? What is the background of its evolution?

20. In what way do the powers of the French president exceed the powers normally attributed to a Head of State in a parliamentary system?

21. What happens in the Austrian (European) model of judicial review of legislation if an ordinary court thinks that a law to be applied in a pending case is unconstitutional?

22. What is the difference between dual (divided) and integrated federal systems?

23. What is the reason that there is no judicial review of federal legislation in Switzerland?

24. What are the functions of the British Crown?

25. In what respects does the Swiss constitutional system differ from a classical parliamentary system? Is there a feature that could be regarded as a functional equivalent to a parliamentary opposition?

26. Which type of governmental system favours cooperation between the national and regional executives in federal systems – a presidential/congressional or a parliamentary one?

27. Which electoral systems are based on party lists? What modifications are there among different party list systems?

28. What is meant by the term “bicephal executive”? What is the background for its development?

29. What might be the reason for excluding elements of direct democracy in some systems of representative democracy (for instance in Germany)?

30. What differences in the roles and powers of second chambers of parliament can be found?

31. What is meant by the term “constitutional convention” in the British constitutional system?

32. In what sense have parliamentary and presidential systems been distorted in some African countries after decolonization?

33. What type of governmental system has served as a model for most Latin American Constitutions?

34. What are the two constitutional principles that are often regarded as conflicting with each other in judicial review of parliamentary legislation? How can they be reconciled?

35. What is the most significant feature in the delimitation of powers between the legislative and executive in France?